Amendment and Restatement of Existing Agreement. The parties to this Agreement agree that, on the Restatement Effective Date, the terms and provisions of the Existing Credit Agreement shall be and hereby are amended, superseded and restated in their entirety by the terms and provisions of this Agreement. This Agreement is not intended to and shall not constitute a novation, payment and reborrowing or termination of the Obligations under the Existing Credit Agreement and the other Loan Documents as in effect prior to the Restatement Effective Date. All Loans made and Obligations incurred under the Existing Credit Agreement which are outstanding on the Restatement Effective Date shall continue as Loans and Obligations under (and shall be governed by the terms of) this Agreement and the other Loan Documents. Without limiting the foregoing, on the Restatement Effective Date: (a) all references in the “Loan Documents” (as defined in the Existing Credit Agreement) to the “Administrative Agent”, the “Credit Agreement” and the “Loan Documents” shall be deemed to refer to the Administrative Agent, this Agreement and the Loan Documents, (b) all obligations constituting “Obligations” with any Lender or any Affiliate of any Lender which are outstanding on the Restatement Effective Date shall continue as Obligations under this Agreement and the other Loan Documents, (c) the liens and security interests in favor of the Administrative Agent for the benefit of the Secured Parties securing payment of the Secured Obligations are in all respects continuing and in full force and effect with respect to all Secured Obligations, (d) the “Multicurrency Tranche Commitments” and “Dollar Tranche Commitments” (as each is defined in the Existing Credit Agreement) shall be allocated between, and redesignated as, Multicurrency Tranche Commitments and Dollar Tranche Commitments hereunder, in each case pursuant to the allocations set forth on Schedule 2.01 and (e) the Administrative Agent shall make such other reallocations, sales, assignments or other relevant actions in respect of each Lender’s credit exposure under the Existing Credit Agreement as are necessary in order that each such Lender’s Credit Exposure and outstanding Loans hereunder reflects such Lender’s Applicable Percentage of the outstanding aggregate Credit Exposures on the Restatement Effective Date. Notwithstanding anything in this Agreement to the contrary, the Borrowers shall not be required to compensate the Lenders pursuant to Section 2.16 for any loss, cost or exp...
Amendment and Restatement of Existing Agreement. The Existing Agreement is hereby amended and restated in its entirety.
Amendment and Restatement of Existing Agreement. As of the date hereof, (a) the Existing Agreement shall be amended and restated in its entirety as set forth in this Agreement and (b) hereafter the Existing Agreement shall be of no further force and effect.
Amendment and Restatement of Existing Agreement. 2.1 The terms of this Agreement amend and restate the Existing License Agreement with effect from the Effective Date. For the avoidance of doubt the Existing License Agreement shall continue in full force and effect until this Agreement comes into force. ARTICLE 3
Amendment and Restatement of Existing Agreement. (i) Subject to the satisfaction of the conditions precedent set forth in paragraph 3A of this Agreement, the parties, by their execution of this Agreement, hereby agree and consent to the amendment and restatement in its entirety of the Existing Agreement by this Agreement, and, upon the satisfaction of such conditions precedent, the Existing Agreement shall be deemed so amended and restated.
Amendment and Restatement of Existing Agreement. The parties to this Agreement agree that, on the Restatement Effective Date, the terms and provisions of the Existing Credit Agreement shall be and hereby are amended, superseded and restated in their entirety by the terms and provisions of this Agreement. This Agreement is not intended to and shall not constitute a novation, payment and reborrowing or termination of the Obligations under the Existing Credit
Amendment and Restatement of Existing Agreement. Pursuant to the Company’s receipt of the approvals required under the Existing Agreement in accordance with Section 3.4, given pursuant to that certain Consent of Shareholders in Lieu of Special Meeting dated February 7, 2007 (the “Consent of Shareholders”), the Existing Agreement is deemed to be amended and restated in its entirety, and by execution of the Consent of Shareholders, each of the Investors and Common Holders who were parties to the Existing Agreement are deemed to have executed this Agreement.
Amendment and Restatement of Existing Agreement. All of the terms, provisions, and conditions of the Existing Agreement are incorporated herein by reference and are deemed restated in their entirety except as amended by the provisions set forth in this Amendment. The amendment and restatement of the Existing Agreement hereunder is not intended by the parties to constitute either a novation or a discharge or satisfaction of the indebtedness, obligations, and Liens under the Existing Agreement or other Loan Documents, which indebtedness, obligations, and Liens under the Existing Agreement and other Loan Documents shall remain outstanding hereunder on the terms and conditions of this Agreement. (a) The preamble on page one is hereby deleted in its entirety and replaced with the following: THIS CREDIT AGREEMENT is dated as of May 22, 2002 (the "Closing Date"), among XXXXXXXX PROPERTIES ACQUISITION PARTNERS, L.P., a Delaware limited partnership ("Borrower"), each of the lenders that are a signatory hereto (each such lender, together with each lender that becomes a signatory hereto as provided in Sections 2.5 and 13.11(b), being individually, together with its successors and assigns, a "Lender" and collectively, the "Lenders"), BANK ONE, NA, a national banking association, as Administrative Agent (in such capacity, together with its successors and assigns, "Administrative Agent"), and BANK OF AMERICA, N.A., as Syndication Agent (in such capacity, together with its successors and assigns, "Syndication Agent"). (b) Section 1.1 of the Credit Agreement is hereby amended to add the following definitions: Second Amendment <PAGE> "Approved Fund" is defined in Section 13.11(g). "Foreign Lender" means any Lender that is organized under the Governmental Requirements of any jurisdiction other than the United States of America or any State thereof. "Fund" is defined in Section 13.11(g). "Increasing Lender" is defined in Section 2.5. "Register" is defined in Section 13.11(c). "Second Amendment" means the Second Amendment and Restatement of Credit Agreement dated as of May 22, 2002, executed by Borrower, Administrative Agent, Syndication Agent, and Lenders. "Second Amendment Effective Date" means May 22, 2002, the effective date of the Second Amendment. "Subsequent Lender" is defined in Section 2.5. (c) Section 1.1 of the Credit Agreement is hereby amended to delete the definitions of "Credit Parties," "Eligible Assignee," "Participant," and "Termination Date" in their entireties and replace such definitions with the follow...
Amendment and Restatement of Existing Agreement. This Agreement ----------------------------------------------- amends and restates the Existing Agreement, and advances and letters of credit outstanding under the Existing Agreement shall be deemed Loans and Letters of Credit continuing and outstanding hereunder. In order to permit all advances outstanding under the Existing Agreement (the "Continuing Loans") to be continued ratably by all Banks in accordance with their respective Pro Rata Share under this Agreement, the Borrower shall be deemed to have requested, pursuant to Section 2.04, that all loans outstanding under the Existing Agreement be converted into Base Rate Loans hereunder made by all Banks in accordance with their respective Pro Rata Share on the Closing Date, and any portion of any such loans previously solely funded by Bank of America National Trust and Savings Association not remaining outstanding hereunder after such conversion (by reason of the change in the pro rata shares of such Banks) shall be refunded to Bank of America National Trust and Savings Association. The Borrower shall pay accrued interest on the portion of each Continuing Loan so converted, together with amounts required to be paid under Section 4.04. Letter of Credit fees previously paid by the Borrower for Existing BofA Letters of Credit shall be adjusted to reflect the new Commitment allocations.
Amendment and Restatement of Existing Agreement. The parties to this Agreement agree that, on the Restatement Effective Date, the terms and provisions of the Existing Credit Agreement shall be and hereby are amended, superseded and restated in their entirety by the terms and provisions of this Agreement. This Agreement is not intended to and shall not constitute a novation, payment and reborrowing or termination of the Obligations under the Existing Credit Agreement and the other Loan Documents as in effect prior to the Restatement Effective Date. All Loans made and Obligations incurred under the Existing Credit Agreement which are outstanding on the Restatement Effective Date shall continue as Loans and Obligations under (and shall be governed by the terms of) this Agreement and the other Loan Documents. Without limiting the foregoing, on the Restatement Effective Date: (a) all references in the “Loan Documents” (as defined in
